Law: Civil Procedure Code (V of 1908)

Section: 7

Law: Limitation Act, 1908

Section: 181

(a) Civil Procedure Code (V of 1908)--- ----O. IX, R. 7---Limitation Act (IX of 1908), Art. 181---Ex-parte proceeding, setting aside of---Limitation----Petitioners filed suit against respondents, wherein respondents were proceeded against ex parte---Respondents filed an application for setting aside ex parte proceedings, which was allowed---Petitioner filed civil revision before Appellant Court, which was dismissed---Held, that order for proceeding ex parte was passed on 07.12.2018, while the application for setting aside of the same was moved by the respondents on 23.01.2019---Rule 7 of O. IX of the C.P.C contemplates that where the Court adjourns the hearing of the suit ex parte, the defendant appears at or before such hearing and assigns a ‘good cause’ for his previous non-appearance may upon such terms as the Court directs as to cost or otherwise, be heard in answer to the suit as if he has appeared on date fixed for his appearance---Objection as to limitation regarding application to set aside ex parte proceedings was legally unsustainable inasmuch as the application was filed on 07.12.2018 within the time prescribed by Art. 181 of the Limitation Act, 1908 and also before the final hearing of the suit--- Petition was dismissed, in circumstances. Manzoor Ahmad Bhatti, Advocate v. Road Transport Corporation, West Pakistan through Secretary of the Corporation and another PLD 1973 Lah. 659; Police Department through Deputy Inspector General of Police and another v. Javaid Israr and 7 others 1992 SCMR 1009; Farid ud Din Masood v. Air Marshal (Retd.) Muhammad Asghar Khan and 5 others 1993 MLD 227 and Messrs Landhi Industrial Trade Estate Ltd., Karachi v. Government of West Pakistan through Excise and Taxation Officer ‘N’ Division, Karachi 1970 SCMR 251 rel. (b) Civil Procedure Code (V of 1908)--- ----O. V, Rr. 15 to 19---Service of summons---Prerequisites---Verified oath of process server---Recording of statement of process server---From the contents of the petition, it appeared…

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